Legal practitioner, Selorm Adonoo, has stated that it matters not which party in a marriage initiates a divorce process, clarifying what appears to be a major headache to many people in abusive marriages.
There are often fears by some spouses that, should they initiate divorce proceedings, they will have to pay alimony to the other party.
Lawyer Adonoo described the notion as a misconception, stating that the law is fair and will protect the rights of all.
“It is of very little importance to the law, which of the parties initiates the process,” he stated.
Speaking on the legal education program, A Question of Law on Citi TV on May 4, he explained that the law has enough facilities to protect the rights of parties, underscoring that the whole essence of the law is to ensure justice for all.
The Matrimonial Causes Act, 1971 (Act 367), which regulates such matters, has enough provisions together with judicial decisions to resolve divorce issues, he said.
“An important point to make is that many people want divorces, but they think that if they initiate the process, they will lose or pay alimony to the other party. That is not the law. If, for example, my spouse beats me and my life is at risk, I don’t have to keep staying in the toxic marriage; I may die. If you go to court and seek a divorce and the other spouse has means, you will get what is due you in the marriage,” he explained.
There are instances where the parties have resolved how to distribute the properties they acquired during the subsistence of the marriage. Here, they are guided to file terms of settlement, which is often adopted by the court as a resolution of the ancillary issues. The court then goes ahead to dissolve the union.
“But whether you initiate it or not, what will be done will be done. The court will look at the case on its merits and then deal with it. Often, the one who causes the problem is not the one who takes the matter to court; it is the aggrieved who always takes the matter to court.
“So, it doesn’t mean that if you take the matter to court, you are the cause of the problem. Anybody could take it to court,” Lawyer Adonoo clarified.
He added that the broader purpose of laws remains the regulation of society, maintaining that any gap in legal guidance, particularly in sensitive matters like divorce, could undermine stability and social harmony.
